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PPI Rejected by Direct AUto / Yes Car Credit - help needed
cogsy1983
Posts: 12 Forumite
Hi, sorry for the long thread but i have today received a letter from Direct Auto rejecting my ppi complaint deatils of letter:
We have reviewed your file fully, regarding points raised.
We reject any suggestion that the sale of the policy in question was in any way mis sold. You have provided no evidence of this and have only raised this issue several years later.
Your recollection of the facts in October 2002, now appear very vivid, so we have reviewed the documentation you signed, the interpretation is also clear:
Conditional Sale Agreement
1. You signed an important legal document, in which you specially confirmed you wanted to be "legally bound by its terms"
2. Just above your signature there are statements in bold, which state, "if any of the statements in the customer's declaration are not true, you should not sign the agreement" - you signed the agreement
3. Given point b) above i refer you to point 8 "additional insurance protection", where the "yes" box is ticked to the statement "where you apply for payment protection, do you confirm that the insured person is eligible for cover, in good health, not receiving medical treatment or under supervision for any condition or injury, and is in full time employment or self employment". "Have you received the leaflet with details of the insurance(s) you have applied for and explaining the extent of cover?".
4. To reaffirm point c) you signed the customer declaration under the paragraph commencing "i/we agree that the above statements are correct"
Hanover Checklist
1. You have signed this form confirming the finnace department had fully explained "the additional optional insurance products"
you were offered payment protection insurance at the time you entered into the loan agreement with direct auto financial services. Acceptance of payment protection insurance was entirely optional and the loan terms did not depend on its acceptance. You were at liberty to decline the offer and if desired obtain ppi from elsewhere. you accepted the policy, with the knowledge, that it could have been invoked at any time to your benefit should a legitimate claim arise.
in the circumstances we consider your argument for the refund of your pp premium to be wholley without merit. we have no reason to believe that the optional nature of the insurance products was not fully explained to you. our position is borne out by the documentation signed by you.
It remains your prerogative to take whatever action you feel necessary, if you still feel pursuit of a 'claim' is warranted. We have responded to your correspondence and will now close your file. However, please note that this agreement with our company started on 16 October 2002 and therefore, occurred before we were FSA authorised. It is our understanding that this therefore falls outside the jurisdiction of the FOS.
My argument for misselling ppi was that i was not given the correct info, sales person was very pushy as he just said sign here, here and here and that he had no financial background. I can not remember signing the handover checklist and it doesnt look ike my signature as it doesnt match the others i signed??
I hope someone can help me please.:mad:
We have reviewed your file fully, regarding points raised.
We reject any suggestion that the sale of the policy in question was in any way mis sold. You have provided no evidence of this and have only raised this issue several years later.
Your recollection of the facts in October 2002, now appear very vivid, so we have reviewed the documentation you signed, the interpretation is also clear:
Conditional Sale Agreement
1. You signed an important legal document, in which you specially confirmed you wanted to be "legally bound by its terms"
2. Just above your signature there are statements in bold, which state, "if any of the statements in the customer's declaration are not true, you should not sign the agreement" - you signed the agreement
3. Given point b) above i refer you to point 8 "additional insurance protection", where the "yes" box is ticked to the statement "where you apply for payment protection, do you confirm that the insured person is eligible for cover, in good health, not receiving medical treatment or under supervision for any condition or injury, and is in full time employment or self employment". "Have you received the leaflet with details of the insurance(s) you have applied for and explaining the extent of cover?".
4. To reaffirm point c) you signed the customer declaration under the paragraph commencing "i/we agree that the above statements are correct"
Hanover Checklist
1. You have signed this form confirming the finnace department had fully explained "the additional optional insurance products"
you were offered payment protection insurance at the time you entered into the loan agreement with direct auto financial services. Acceptance of payment protection insurance was entirely optional and the loan terms did not depend on its acceptance. You were at liberty to decline the offer and if desired obtain ppi from elsewhere. you accepted the policy, with the knowledge, that it could have been invoked at any time to your benefit should a legitimate claim arise.
in the circumstances we consider your argument for the refund of your pp premium to be wholley without merit. we have no reason to believe that the optional nature of the insurance products was not fully explained to you. our position is borne out by the documentation signed by you.
It remains your prerogative to take whatever action you feel necessary, if you still feel pursuit of a 'claim' is warranted. We have responded to your correspondence and will now close your file. However, please note that this agreement with our company started on 16 October 2002 and therefore, occurred before we were FSA authorised. It is our understanding that this therefore falls outside the jurisdiction of the FOS.
My argument for misselling ppi was that i was not given the correct info, sales person was very pushy as he just said sign here, here and here and that he had no financial background. I can not remember signing the handover checklist and it doesnt look ike my signature as it doesnt match the others i signed??
I hope someone can help me please.:mad:
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Comments
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Hi there
Sorry to hear this.
There are other ways around this.
Many of us on here have been in this situation where the FOS are not able to investigate complaints if they were not governed as such from when you taken out the finance.
So, due to this, as suggested we exhausted that avenue because of the same reasons, and have gone the underwriter/insurer direction, the FOS should be able to investigate as they would have been covered.
The FOS are aslo trying to make insurers/underwriters responsible as well as the broker etc, so this is another avenue for you to try.
You write to your insurer, you should find the details of these on your policy, if not then contact the loan company and ask them for their details, they should supply them to you on request, as you will require the address as well.
You treat this the same as you would the broker and they have 8 weeks in full to respond, if they do not uphold in your favour then take to the Financial ombudsman service (FOS).
A few here have finally been successful going this direction as well - also through the FOS.
So please do not give up on this yet.
Good luck and please ask for help anytime and let us know how you get on.;)The one and only "Dizzy Di"
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Hi there
Sorry to hear this.
There are other ways around this.
Many of us on here have been in this situation where the FOS are not able to investigate complaints if they were not governed as such from when you taken out the finance.
So, due to this, as suggested we exhausted that avenue because of the same reasons, and have gone the underwriter/insurer direction, the FOS should be able to investigate as they would have been covered.
The FOS are aslo trying to make insurers/underwriters responsible as well as the broker etc, so this is another avenue for you to try.
You write to your insurer, you should find the details of these on your policy, if not then contact the loan company and ask them for their details, they should supply them to you on request, as you will require the address as well.
You treat this the same as you would the broker and they have 8 weeks in full to respond, if they do not uphold in your favour then take to the Financial ombudsman service (FOS).
A few here have finally been successful going this direction as well - also through the FOS.
So please do not give up on this yet.
Good luck and please ask for help anytime and let us know how you get on.;)
Thank you very much for your advice, i will wirte the letter to the insurer of PPI and see why i get with them, i will keep you posted.:o0 -
Thank you very much for your advice, i will wirte the letter to the insurer of PPI and see why i get with them, i will keep you posted.:o
With pleasure.;)
Good for you, and if this does not work, go to the FOS as suggested, they should not turn this away.:beer:The one and only "Dizzy Di"0 -
www.stephensons.co.uk
They are the leading solicitors in challenging Yes Car ageements and their PPI. They have won hundreds of cases against them getting agreements overturned and PPI claims settled.0 -
FOS jurisdiction will depend on whether it was covered by the General Insurance Standards Council (GISC), which had a rule that its subscribers would only accept/refer business from/to other subscribers.
If the insurer did subscribe then it fell under the GISC's dispute resolution scheme. That became defunct when general insurance came under statutory regulation 5 years ago - but the Financial Ombudsman Service will now accept cases that it would have covered.
So I suggest you go straight to FOS.0 -
Stephens Solicitors
They are the leading solicitors in challenging Yes Car ageements and their PPI. They have won hundreds of cases against them getting agreements overturned and PPI claims settled.
Hi thanks for the advice, i have contacted stephens and as the loan was paid off july 2003, they are unable to help and said that i cant reclaim the ppi!
Having reviewed my files again, i have noticed that the hanover checklist that they have said i have completed and signed to say i have received everything and it was explained to me, has in fact not been completed by me or even signed by me as my signatures do not match! so they have completed fabricated my answers and signed for me!
No where on the Conditional Sales Agreement does it state Optional Insurances (it states additional insurances) only on the terms in the small print does it say optional but then it contradicts itself under the cancellation clause as it says
"the exercise of your right of termination will have no affect on your obligation to pay to us in addition all insurance instalments"
but on the terms that they sent me yesterday it states
"the exercise of your right of termination will have no affect on your obligation to pay to us any sums due under clause 8.2 (if applicable).
Also on the new terms sent it states "you agree you have received details of the cover and limitations of cover. you agree that you the customer and the person insured are in all respects eligible for cover."
but no where on the originally terms does it state this.
one last thing under the signatures, witness to customers signatures, they have dated it 3 days after we set up the agreement and took affect of the car!
i was just wondering whether anybody could shred some light to see if i still have a case.
Sorry for the rant, but really dont want to let them win! :mad:0 -
what percentage do they take though, i have seen them reccomended time and time again!www.stephensons.co.uk
They are the leading solicitors in challenging Yes Car ageements and their PPI. They have won hundreds of cases against them getting agreements overturned and PPI claims settled.0 -
you can't take the complaint to the FOS as it was sold outside their jurisdiction limit, however, if you can find who the underwriter is of the PPI policy you can take your complaint to them - they will almost certainly have come under the jurisdiction of the FOS and the FOS is now beginning to hold them accountable for the mis selling of their products.Hi thanks for the advice, i have contacted stephens and as the loan was paid off july 2003, they are unable to help and said that i cant reclaim the ppi!
Having reviewed my files again, i have noticed that the hanover checklist that they have said i have completed and signed to say i have received everything and it was explained to me, has in fact not been completed by me or even signed by me as my signatures do not match! so they have completed fabricated my answers and signed for me!
No where on the Conditional Sales Agreement does it state Optional Insurances (it states additional insurances) only on the terms in the small print does it say optional but then it contradicts itself under the cancellation clause as it says
"the exercise of your right of termination will have no affect on your obligation to pay to us in addition all insurance instalments"
but on the terms that they sent me yesterday it states
"the exercise of your right of termination will have no affect on your obligation to pay to us any sums due under clause 8.2 (if applicable).
Also on the new terms sent it states "you agree you have received details of the cover and limitations of cover. you agree that you the customer and the person insured are in all respects eligible for cover."
but no where on the originally terms does it state this.
one last thing under the signatures, witness to customers signatures, they have dated it 3 days after we set up the agreement and took affect of the car!
i was just wondering whether anybody could shred some light to see if i still have a case.
Sorry for the rant, but really dont want to let them win! :mad:0 -
Please, we're ALL on here to help people make their own reclaims NOT toute for businesswww.stephensons.co.uk
They are the leading solicitors in challenging Yes Car ageements and their PPI. They have won hundreds of cases against them getting agreements overturned and PPI claims settled.0
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